Must a School Report a Prison Education Program As an Additional Location?

Award Year: 2023-24 KA-36471 Helpfulness Rating 328 page views

This guidance is specific to the 2023-24 award year and later.

Yes. The institution must report to the U.S. Department of Education (ED) and obtain ED's approval of the first prison education program (PEP) at the first two additional locations. The institution reports the additional locations on its Electronic Application for Approval to Participate in the Federal Student Financial Aid Programs (E-App). The institution also must complete the Prison Education Program Application; see AskRegs Knowledgebase Q&A, Is There an Application To Participate In a Prison Education Program? 

Effective with the 2023-24 award year, Final Rules for Prison Education Programs published in the October 28, 2022 Federal Register add the following to the definition of an additional location: "A Federal, State, or local penitentiary, prison, jail, reformatory, work farm, juvenile justice facility, or other similar correctional institution is considered to be an additional location even if a student receives instruction primarily through distance education or correspondence courses at that location."

Dear Colleague Letter GEN-23-05 states that schools seeking PEP approval at the first two additional locations:

"The institution must be prepared to provide the following information on the PEP Approval Form:

  • The name of the educational program.
  • A description of the program, including the educational credential offered (degree level or certificate) and the field of study.
  • Name and address of correctional facility to be reported as an additional location.

The institution must be prepared to confirm the following on the PEP Approval Form:

  • That the credits in the program can transfer to another eligible public/nonprofit institution.
  • That the program meets licensure requirements (if applicable).
  • That it will not enroll an incarcerated individual into a PEP if there is a prohibition on the individual qualifying for professional licensure or employment based on the individual’s conviction (if applicable).
  • That no adverse actions have been taken against the institution by its accreditor or state approval agency in the last five years, and accrediting agencies have not initiated adverse actions.

The institution must be prepared to provide:

  • Accrediting agency approval of the PEP.
  • Accrediting agency approval of the additional location where the PEP is located.
  • Oversight entity (correctional agency) approval. The oversight entity’s plans to assess each of the required items under “best interest determination” as outlined in  34 CFR § 668.241(a)(1).  Note that this is not that actual assessment, just the steps that the oversight entity plans to take to be ready to evaluate the required items in two years.
  • Types of services offered to admitted students, including orientation, tutoring, and academic and reentry counseling.
  • Affirmative acknowledgement that the Department can limit or terminate approval of an institution to provide a PEP, as described in 34 CFR § 668.240.
  • Assurance that the institution will submit all required reports to the Secretary as described in 34 CFR § 668.239.
  • Documentation that the institution has entered into an agreement with the oversight entity to obtain data about transfer and release dates of incarcerated individuals, which must be reported to the Department.
  • A summary of how the oversight entity initially approved the PEP. The summary must include the intended methodology, including thresholds, benchmarks, standards, metrics, data, and other information and how the oversight entity plans to collect the information required by 34 CFR § 668.238(b)(4).
  • Any other documentation related to the PEP that may be requested by the School Participation Division during the application process."

See also the 2022 Federal Student Aid (FSA) Training Conference, Session B01, Understanding Prison Education Programs for Confined or Incarcerated Individuals and ED's PEP Questions and Answers website PEP-Q1/A1. See the above-mentioned AskRegs Q&A for more information on the Prison Education Program Application that collects this information.

AskRegs Q&As represent NASFAA's understanding of regulatory and compliance issues. They are FOR INTERNAL USE ONLY. While NASFAA believes AskRegs Q&As are accurate and factual, they have not been reviewed or approved by the U.S. Department of Education (ED). If you should need written confirmation of AskRegs information for audit or program review purposes, please contact your ED School Participation Division. NASFAA shall not be liable for technical or editorial errors or omissions contained herein; nor for incidental or consequential damages resulting from the furnishing, performance, or use of this material.